Q: My father passed away at the end of May of this year. He was retired, so received Social Security and a small pension.
Will I need to file income tax on his SS and pension earnings or will this be taken care of in Probate? Thank you.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (931) 250-8585
- View Profile
- Answered
A: Most probate attorneys do not include tax compliance as part of the engagement, but some do. The bottom line is you should discuss this with your probate attorney so that you have clarity regarding who is going to take care of that.
A:
If he made enough money to need to file taxes in those first few months, OR if you anticipate there will be a refund of withheld taxes then the personal representative is responsible for filing whatever tax returns are necessary to finish his affairs.
If neither of those applies, then filing will be optional but it may still be a good idea to file a 'final tax return' just to keep the IRS/State treasury at bay.
Are YOU the Personal Representative? If you are it really makes a lot of sense to hire an attorney to guide you thorough the process. Don't think "I can't afford an attorney' as most of the time I find the mistakes people make because they don't have an attorney cost more than the representation would have cost. Find a local licensed attorney to help you@
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
